Admin
Legislative Report, March 22-26
Posted on 03/29/2021

General Information

This report contains pertinent information presented and discussed during the fourth week of the 2021 legislative session. Both the House and Senate held meetings to discuss a multitude of bills that impact public education. Below you will find a summary of the bills.  

  

2021 Legislation

The following bills were considered this week by various committees:

Senate Chamber

Education Committee 

SB 98 (Albritton) Workforce Related Programs and Services: reported favorably. Among other things, the bill would:

  • Require DOE to address the accountability of apprenticeship and pre-apprenticeship programs.

  • Look to match the CAPE Industry Certification Funding List with the courses offered throughout Florida under the Career and Professional Education Act, as well as align the list to the future employment projections that will be made by a new Labor Market Estimating Conference; and

  • Review the funding weights assigned to the courses and certifications listed in the CAPE Industry Certification Funding List.

The bill will now move to the Senate Appropriations Committee

SB 2012 (Stargel)- Promoting Equality of Athletic Opportunity: reported favorably. Creating the "Promoting Equality of Athletic Opportunity Act"; requiring that certain athletic teams or sports sponsored by certain educational institutions be designated on the basis of students’ biological sex; prohibiting athletic teams or sports designated for female students from being open to male students; specifying conditions under which persons who transition from male to female are eligible to compete in the female category; requiring a student that fails to comply with certain conditions to be suspended from female competition for 12 months; requiring the Board of Governors of the State University System to adopt regulations and the State Board of Education to adopt rules regarding the resolution of disputes, etc. Effective Date: July 1, 2021. 

The bill will now move to the Senate Health Policy Committee.

SB 1094 (Bean) Required Health Education Instruction: Providing additional requirements for health education; revising the grade levels when students receive certain health education instruction; requiring health education instruction to include prevention of specified harms, etc. Effective Date: July 1, 2021.

The bill will now move to the Senate Subcommittee on Education.

SB 192 (Book) - Students With Disabilities in Public Schools: reported favorably. Requiring school districts to prohibit the use of seclusion on students with disabilities in public schools; requiring school districts to adopt positive behavior interventions and supports and certain policies and procedures; creating the Video Cameras in Public School Classrooms Pilot Program; requiring continuing education and inservice training for instructional personnel teaching students with emotional or behavioral disabilities, etc. Effective Date: July 1, 2021. 

The bill will now move to the Senate Appropriations Subcommittee on Education.

SB 582 (Rodrigues) - Parental Rights: reported favorably. This bill creates the “Parents’ Bill of Rights,” providing that no governmental entity can infringe upon these fundamental rights of a parent unless the action is reasonable, necessary, and narrowly-tailored in the service of a compelling state interest. 

The bill contains a great number of rights, but some of the enumerated rights that may give rise to issues in school districts based on differing interpretations of their meaning include:

  • The right to direct the education and care of his or her minor child.

  • The right, pursuant to s. 1002.20(13), to access and review all school records relating to his or her minor child.

  • The right to consent in writing before the state or any of its political subdivisions makes a video or voice recording of his or her minor child [there are exceptions for recordings related to a legitimate academic or athletic activity, security videos, and photo identification cards].

  • The right to consent in writing before his or her minor child's grades are released to a law enforcement officer or law enforcement agency by an agency or institution as defined in s. 1002.22 unless such release is authorized by s. 1002.221 and FERPA.

School boards will also be required to adopt a policy, after consulting with parents, teachers, and administrators, that promotes parental involvement in the school system.  There are several requirements regarding notice to parents about parental involvement, and the ultimate policy and parent information can be posted on the district’s website.

The bill now moves to the Senate Rules Committee.

SB 880 (Rodriguez) - Florida High School Athletic Associationtemporarily postponed. Requiring the Florida High School Athletic Association to adopt specified bylaws or policies, etc. Effective Date: July 1, 2021. 

SB 1028 (Hutson) - Charter Schools: reported favorably. Authorizing state universities and Florida College System institutions to solicit applications and sponsor charter schools under certain circumstances; requiring the board of trustees of a state university or Florida College System institution that is sponsoring a charter school to serve as the local educational agency for such school; prohibiting certain charter school students from being included in specified school district grade calculations; authorizing a career and professional academy to be offered by a charter school, etc. Effective Date: July 1, 2021. 

The bill will now move to the Senate Appropriations Subcommittee on Education.

SB 1282 (Harrell) - Early Learning and Early Grade Success: reported favorably. Deleting the Office of Early Learning from within the Office of Independent Education and Parental Choice of the Department of Education; establishing the Division of Early Learning within the department; revising approved child care or early education settings for the placement of certain children; requiring each parent who enrolls his or her child in the Voluntary Prekindergarten Education Program to allow his or her child to participate in a specified screening and progress monitoring program; revising the performance standards for the Voluntary Prekindergarten Education Program; authorizing certain students who enrolled in the Voluntary Prekindergarten Education Program to receive intensive reading interventions using specified funds, etc. APPROPRIATION: $3,865,759. Effective Date: Upon becoming a law. 

The bill will now move to the Senate Appropriations Subcommittee on Education.

Community Affairs Committee

SB 750 (Gruters) - Impact Fees: reported favorably. The bill:

  • Defines “Infrastructure” and “Public Facilities”.

  • Caps increases of impact fees to 50% total. 

  • If the increase is less than 25%, it must be increased in two annual increments of 12.5% each and if it is more than 25%, it must be increased in four annual increments of 12.5% each.

  • Limits increase of impact fees to every four years. 

Like its House companion, HB 337, this bill was amended from its original version that capped increase of impact fees to 3% total. The sponsor expressed openness in further amending the bill to ensure the concerns raised by school districts regarding the definition of “infrastructure” are properly addressed. 

The bill will now move to the Senate Finance and Tax Committee and is scheduled to be heard on Wednesday, March 31, 2021.

Appropriations Subcommittee on Education

SB 86 (Baxley)-Student Financial Aid: reported favorably. The bill:

  • Requires the Board of Governors (BOG) office to create an online dashboard of data regarding state university graduates, which must include post-graduation salary; student loan debt; debt-to-income ratio; estimated loan payment as a percentage of income; and percentage of graduates who have continued their education.

  • Requires each state university board of trustees to adopt procedures to connect undergraduate students to career planning, coaching, and related programs during the first academic year of the student’s enrollment.

  • Modifies general eligibility for state financial aid by: 

  • Establishes the Florida Bright Opportunities Grant Program for Pell Grant-eligible students with a tuition and registration fee balance at a Florida College System (FCS) institution or career center after application of all federal gift aid and state financial assistance. 

  • Modifies the Florida Bright Futures Scholarship Program by: 

  • Specifies that the 2021-2022 academic year is the final year of initial eligibility for nonresident students to qualify for the Benacquisto Scholarship Program, and modifies the award to as specified in the GAA. 

  • Creates the Florida Endeavor Scholarship Program for students without a high school diploma or equivalent who are enrolled at a career center or FCS institution.

  • Clarifies that postsecondary tuition and fee exemptions apply to a student who is currently in the custody of the Department of Children and Families or a specified relative or nonrelative, or who was at the time he or she reached 18 years of age.

The bill will now move to the Senate Appropriations Subcommittee on Education.

SB 486 (Bradley) - Juvenile Justice Education Programs: reported favorably.  This bill would make amendments to the Department of Juvenile Justice (DJJ) programs operated in school districts.  The changes include:

  • Allowing the 250-day requirement to be defined by equivalent hours of instruction.

  • Increasing the minimum amount of FEFP funds that must be spent on instructional costs for students from 90% to 95%.

  • Clarifies that 100% of categorical funds generated by DJJ students must be passed on to the program and spent as designated.

  • Requires that all agreements between school districts and DJJ education providers be in writing and that district satisfy DJJ program invoices within 15 days.

This bill now moves to the Senate Appropriations Subcommittee on Education.

SB 1372 (Burgess) - Literacy Improvement: reported favorably. The bill:

  • Requires the Department of Education or a contracted third party to administer the program using state funds to pay for half of the cost to provide free books to students. 

  • Authorizes school districts, and charter schools in nonparticipating school districts, to provide for free monthly book delivery to students in kindergarten through grade 5 who exhibit a substantial deficiency in reading and choose to participate in the program. 

  • Requires participating school districts or charter schools to partner with a nonprofit organization to implement the initiative and to provide half the cost of the program from local funding sources. 

  • Requires the administrator to annually report to the Legislature and the Commissioner of Education on the performance of the program.

The bill now moves to the Senate Appropriations Committee.

SB 1898 (Rodriguez) - Student Literacy:-reported favorably. The bill requires:

  • The Department of Education (DOE) to review the competencies for the reading endorsement and provide a new pathway for teachers to achieve the reading endorsement. 

  • The DOE to develop a handbook to provide to parents of students with a reading deficiency to support parental engagement in student learning. 

  • The Just Read, Florida! Office (JRFO) to identify instructional materials that implement evidence-based reading practices and streamlines the process by which school districts may adopt identified and approved instructional materials. 

  • The JRFO to work with the Office of Early Learning in the development of the emergent literacy training courses and specifies that the courses must be consistent with evidence based reading instructional and intervention programs. 

  • Establishes the Reading Achievement Initiative for Scholastic Excellence (RAISE) Program to provide literacy supports statewide through at least 20 regional literacy support teams. 

  • Establishes a tutoring program that affords high school juniors and seniors the opportunity to satisfy community service requirements and earn a designation as a New Worlds Scholar by providing 500 verified tutoring hours to students with a substantial deficiency in reading in kindergarten through grade 3. 

  • Voluntary Prekindergarten Program (VPK) instructors to take a required emergent literacy training course every five years. 

  • VPK providers to be rated based on student performance during the VPK school year.

The bill now moves on to the Senate Appropriations Committee.

House Chamber

Education & Employment Committee

HB 131 (Duggan) Educator Misconduct -- reported favorably This bill attempts to address school employees being accused of sexual misconduct with students and then resigning before an investigation can be completed only to wind up working a different district. 

This bill is now ready to be heard on the floor.

HB 173 (Tant) Individual Education Plan Requirements for Students with Disabilities : reported favorably. This bill would require IEP teams to start the transition process in 7thgrade instead of at age 14 with an operational plan in place on the first day of high school.  The transition process must include information about deferring graduation and all courses and programs available to students. 

This bill is now ready to be heard on the floor. 

HB 241 (Grall) Parents’ Bill of Rights: reported favorably.This bill creates the “Parents’ Bill of Rights,” providing that no governmental entity can infringe upon these fundamental rights of a parent unless the action is reasonable, necessary, and narrowly-tailored in the service of a compelling state interest. 

The bill contains a great number of rights, but some of the enumerated rights that may give rise to issues in school districts based on differing interpretations of their meaning include:

  • The right to direct the education and care of his or her minor child.

  • The right, pursuant to s. 1002.20(13), to access and review all school records relating to his or her minor child.

  • The right to consent in writing before the state or any of its political subdivisions makes a video or voice recording of his or her minor child (there are exceptions for recordings related to a legitimate academic or athletic activity, security videos, and photo identification cards).

  • The right to consent in writing before his or her minor child's grades are released to a law enforcement officer or law enforcement agency by an agency or institution as defined by law unless such release is authorized by s. 1002.221, F.S. and FERPA.

School boards will also be required to adopt a policy, after consulting with parents, teachers, and administrators, that promotes parental involvement in the school system.  There are several requirements regarding notice to parents about parental involvement, and the ultimate policy and parent information can be posted on the district’s website.

This bill has been added to the Second Reading Calendar. 

HB 519 (Yarborough) - Required Health Education Instruction: reported favorably.  The bill would require that required sexual education curriculum include age- and developmentally appropriate information on the prevention of child sexual abuse, exploitation, and human trafficking.  

This bill has been added to the Second Reading Calendar.

HB 793 (Bell) Measurement of Student Performance; reported favorably. This bill would require the Commissioner and DOE to release student learning gains (VAM) by July 31 of each year.

This bill has been added to the Second Reading Calendar.

HB 1027 (Barnaby) - Opening Remarks at High School Athletic Contests: reported favorably. The bill:

  • Requires athletic associations, whose memberships include public schools, to adopt bylaws, policies, or procedures that provide schools participating in a high school championship contest or series, an opportunity to make brief opening remarks at the event. If requested by the school, a speaker from the school may give opening remarks, no longer than 2 minutes, using the public address system at the event. Prior to the opening remarks from school speakers, the association must make an announcement that the schools’ opening remarks are not endorsed by the association, nor do they reflect the views and opinions of the association. 

  • Establishes that athletic associations may not control, monitor, or review the content of schools’ opening remarks, nor may the associations control the schools’ choice of speaker. 

  • Provides that the decision to allow opening remarks before regular season contests is at the discretion of each school.

This bill has been added to the Second Reading Calendar.

Early Learning & Elementary Education Subcommittee

HB 489 (Daley & Woodson) - Student Identification Cards: reported favorably. Requires school principals to ensure that crisis prevention hotline & text line and behavioral health hotline & text line numbers are printed on back of student ID cards. Effective Date: July 1, 2021.

This bill now moves to the House Secondary Education & Career Development Subcommittee.

HB 849 (Valdes) - School Absence due to Sickness or Injury: reported favorably. Specifies types of sickness or injury included under certain exemption to attendance policy. Effective Date: July 1, 2021.

This bill now moves to the House Secondary Education & Career Development Subcommittee.

HB 1119 (Daley & Mooney) - Water Safety and Swimming Certification for K-12 Students: reported favorably. Requires district school boards & governing authorities of private schools to ask if certain children have completed a water safety education course & swim lessons; provides that schools may ask for specified certification; requires schools offer document containing specified information to certain children; requires school districts to maintain certain records; provides liability exemption for specified injuries. Effective Date: July 1, 2021.

This bill now moves to the House PreK-12 Appropriations Subcommittee.

HB 383 (Plasencia) Involuntary Examination of Minors: reported favorably. This bill addresses the involuntary examination of minors (Baker Act).  It would require a school to notify a parent before a child is removed from school unless the principal believes that delaying the removal would harm the student. 

This bill now moves to the House Education & Employment Committee.

HB 827 (Hawkins) - School District Funding: reported favorably.  The bill would require that the 80% bonus funding required to be distributed to the schools include programs administered by the University of Cambridge Local Examinations Syndicate, which prepares prospective students to enroll in AICE courses.  In addition to the regular $50 bonus paid to a teacher for each student successfully passing an AICE examination, a $25 bonus would be paid to a pre-AICE teacher for each student who passes the pre-AICE examination.  

The bill will now move to the House Appropriations Committee.

HB 1031 (Rodriguez) - Charter Schools: reported favorably. Revises provisions relating to charter school applications, use of specified assets, opening of additional high-performing charter schools, & virtual charter schools. Effective Date: July 1, 2021.

This bill now moves to the House Early Learning & Elementary Education Subcommittee.

HB 1033 (Borrero & Valdes) - Certificate of Completion: reported favorably. Specifies students who have been awarded certificates of completion are eligible to enroll in certain programs. Effective Date: July 1, 2021.

This bill now moves to the House Education & Employment Committee.

HB 1061 (Smith, D.) - Schools of Hope: reported favorably. This bill:

  • Authorizes a school of hope, which has been designated as a local education agency, to report its students to the DOE directly, rather than through a school district. 

  • Authorizes a hope operator as the entity responsible for providing quarterly financial statements to the school district and meeting annual financial audit requirements. 

  • Revises facility reporting requirements for identifying educational facilities that may be used by a school of hope by requiring the DOE to provide to school districts a list of all underused, vacant, or surplus facilities. 

  • Authorizes schools of hope to provide for background screening for their employees, rather than coordinating screening through a school district. 

  • Revises the definition of a persistently low-performing school to account for school years in which a school grade is not issued. 

  • Extends the authorization for undispersed Schools of Hope Program funds to be carried forward from 5 years to 7 years. 

  • Authorizes a charter school operated as a school of hope to be eligible to receive charter school capital outlay funding.

The bill now moves to the House Secondary Education & Employment Committee.

HB 1159 (Busatta Cabrera) - Educator Preparation and Certification: reported favorably.Revises provisions relating to state-approved teacher preparation programs, career programs, educator certification, & William Cecil Golden Professional Development Program for School Leaders. Effective Date: July 1, 2021.

The bill now moves to the Post-Secondary Education & Lifelong Learning Subcommittee.

HB 1279 (Melo) - Florida Talent Development Council: reported favorably. Requires council to submit to specified entities a report that includes recommendations on feasibility of establishing & implementing Pathways in Technology Early College High School program or similar program; provides requirements for report. Effective Date: Upon becoming a law. Effective Date: July 1, 2021. 

This bill now moves to the House Higher Education Appropriations Subcommittee.

Budget:

The Senate and House released their proposed General Appropriations bills and related implementing and conforming bills. You can find the budget materials below. This will be followed by a budget analysis via separate email. 

Senate:

Summary of SB 2500 Making Appropriations
SB 2500 Making Appropriations
FEFP 2021-22
SB 2500 Education Pages of Making Appropriations
Immediate Reversions as referred in SB 2500

House:

APC1    Appropriations
APC2    Implementing the 2021-2022 General Appropriations Act

APC1 Education Portion of Budget

Coming Up: The following pertinent bills are currently scheduled to be heard next week. Please note, this list is only final as it relates to committee meetings on Monday, Tuesday, and Wednesday. The list for the remainder of the week will change as the varying notice deadlines for each committee approaches.

Monday, March 29


House Education & Employment Committee  
HB 3    Home Book Delivery for Elementary Students by Trabulsy
HB 383    Involuntary Examinations of Minors by Plasencia
HB 723    Juvenile Justice Education Programs by Massullo, Jr.
HB 1033    Certificate of Completion by Borrero
HB 1553    Victims of Communism Day by Borrero

Senate Judiciary  
SB 826    Child Protection Teams by Baxley
SB 282    Moments of Silence in Public Schools by Baxley

Tuesday, March 30


Senate Education    
SB 7070    Impact of COVID-19 on Educational Institutions by Education
SB 0956    Background Screenings of Athletic Coaches by Baxley
SB 1108    Education by Diaz
SB 1654    Education by Gruters
SB 1740    Florida Seal of Fine Arts Program by Rouson
SB 0358    Water Safety by Berman
SB 1816    Task Force on Closing the Achievement Gap for Boys by Rouson
SB 1864    Education by Perry
SB 0590    Involuntary Examinations of Minors by Harrell
SB 0824    Florida Bright Futures Scholarship Program by Powell
SB 1394    Certificates of Completion by Rodriguez (A)
SB 1496    Early Learning Scholarship Program by Ausley

House Secondary Education & Career Development Subcommittee  

A proposed committee substitute will be considered for 
HB 199AnalysisHB 469Analysis, and HB 1227Analysis (Note: bill has not been released yet)
HB 157    K-12 Physical Health Requirements by Hawkins
HB 849    School Absence Due to Sickness or Injury by Valdes
HB 1009  Organ Donation and Transplantation by Latvala
HB 199    Students With Limited English Proficiency by Valdes
HB 469    Required Student Instruction on Voting by Drake
HB 1227  Guidance Services by Arrington

House PreK-12 Appropriations Subcommittee  
HB 419  Early Learning and Early Grade Success by Grall
HB 551  Solar Energy Systems Located on the Property of an Education...  by Hardy
HB 559  Computer Science Instruction in Elementary Schools by Hawkins

Wednesday, March 31


Senate Health Policy  

SB 2012    Promoting Equality of Athletic Opportunity by Stargel

House Appropriations Committee  
APC1    Appropriations by Appropriations Committee
APC2    Implementing the 2021-2022 General Appropriations Act by Appropriations Committee
APC3    Collective Bargaining by Appropriations Committee
APC4    State-Administered Retirement Systems by Appropriations Committee
APC5    Trust Funds by Appropriations Committee
APC6    Termination of the Lawton Chiles Endowment Fund by Appropriations Committee

Senate Finance and Tax  
SB 750   Impact Fees by Gruters

Senate Appropriations  
SB 2500   Appropriations by Appropriations
SB 2502   Implementing the 2021-2022 General Appropriations Act by Appropriations
SB 2504   State Employees by Appropriations
SB 7018   Employer Contributions to Fund Retiree Benefits by Governmental Oversight and Accountability
SB 2506   State Group Insurance Program by Appropriations
SB 2508   Employee Compensation by Appropriations
SB 84   Retirement by Rodrigues (R)
SB 86   Student Financial Aid 
by Baxley